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Fwd: Fwd: Is it ok to contribute Google-Translator Kit generated translations to Debian ?

I've just received the following answer regarding my question from this thread (https://lists.debian.org/debian-legal/2013/04/msg00009.html) from the FSFE legal team.
The answer is positive and seems pretty clear, but of course, as astute lawyer cats, they point out that it is not legal advice :-)


---------- Forwarded message ----------
From: Hugo Roy <hugo@fsfe.org>
Date: 2013/4/23
Subject: Re: Fwd: Is it ok to contribute Google-Translator Kit generated translations to Debian ?
To: Pierre Slamich <pierre.slamich@gmail.com>
Cc: legal@fsfeurope.org

Hello Pierre,

I hope you do not mind me replying in English. I suppose our
answer will be more useful to you when you get back to
debian over this issue ;-)

>From the legal perspective, your issue boils down to whether the
generated output using the Google Translator Kit would be
restricted by Google.

The potential restrictions are twofold:

 - if Google is vested by copyright in their intervention
   (basically providing automated translation),
 - if Google restricts your use of the generated output
   contractually, i.e. in their terms of service.

On copyright, it is quite clear to us that the output generated
via Google Translator Kit is not restricted by Google's

The translation is an adaptation, but it is automated. Under
some legal theories, something automatically produced *could
be* copyright of those who establish the systems that produce
the content, but there must be some degree of creativity in the
process itself rather than brute application of grammar and
linguistic rules. Application of grammar and linguistic rules is
not aimed at creating anything new. (The software, in its own
standing is probably original enough, but it does not mean its
output is original).

So you can safely assume the translation is *not* derivative of
the language used by Google, nor are they a database. This is
more so if there is human intervention.

Now, only the terms of service could stand in the way.  But as
you can see from the Google Translator Kit website, the terms
are Google's general terms which state:

     Using our Services does not give you ownership of any
     intellectual property rights in our Services or the
     content you access. You may not use content from our
     Services unless you obtain permission from its owner or
     are otherwise permitted by law.

It seems very clear that “the content you access” include
translations output from Google Translator Kit. You are
permitted by law to use that, as it is outside of Google's
copyright range (and as a translation of translations from free
software, you certainly have permission from the free software

This is not legal advice, but I hope it helps!

Best regards

Hugo Roy, Free Software Foundation Europe
FSFE Legal Team  + Deputy Coordinator, www.fsfe.org/legal
FSFE French Team + Coordinator, www.fsfe.org/fr

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